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SBA Rules: Investment Funds Can Now Be Majority Owners of SBIR Companies

The Small Business Administration (SBA) recently amended the rules relating to its Small Business Innovation Research (SBIR) program and Small Business Technology Transfer (STTR) program. The new SBA rules implement the...more

IP Law Issues Impacting New York and New Jersey Businesses in 2013

For New York and New Jersey businesses, 2013 is slated to be a big year for intellectual property law. In addition to the further implementation of the America Invents Act, several important copyright, trademark, and patent...more

Marks of Excellence – the Lakers 33 Game Winning Streak and FCPA Compliance Tools

Sorry Bill Simmons, but today we celebrate one of the great modern day records of any American sports franchise. On this day 41 years ago, the Milwaukee Bucks beat the Los Angeles Lakers to end the Lakers 33 game winning...more

Data Privacy And Security Risks

If there is one issue which causes sleepless nights for business executives, it has to be data privacy and security. While the laws are still being updated and drafted for new technologies and new threats, businesses need to...more

Final SBIR Rules Published

On December 27, 2012, the US Small Business Administration (SBA) published a final rule to amend regulations governing eligibility for the Small Business Innovation Research (SBIR) and Small Business Technology Transfer...more

Who’s Liable For Vendor’s CAN-SPAM Violation?

The CAN-SPAM act sets legal rules for commercial E-Mail and includes various provisions that apply to “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial...more

Are Your Company’s Consumer Terms and Conditions Enforceable?

Internet giant Paypal recently joined Sony, Microsoft, and Netflix to become one of the latest major companies to include a provision banning consumer class actions in its terms of service. Such waivers now frequently appear...more

Technology is Not a Substitute for Critical Thinking

Technology is central to our daily lives. We rely on it. We embrace it. Many of us can’t live without it. Businesses employ new technology, often as early adopters, in an attempt to increase productivity, stay ahead of the...more

Mutual Assent in the Digital Age: Second Circuit Finds Confirmation Email Not Enough to Bind Parties

The Second Circuit Court of Appeals recently added to the growing body of case law regarding what constitutes mutual assent in the digital world. It ruled that emailing a purchaser the contract terms and conditions after the...more

Recent Trends In Cybersecurity Scrutiny

Originally published in Law360, New York on October 22, 2012. On the heels of a recent survey that found that cybersecurity is becoming the primary concern of corporate general counsels and directors, the United States...more

Under Agency Law, Standard Setting Organizations May Be Liable for Antitrust Violations of Their Members

As noted in this recent blog post, in TruePosition, Inc. v. LM Ericsson Telephone Co., No. 11-4574 (E.D. Pa. Oct. 4, 2012), the court held that a Standard Setting Organization (SSO) known as 3GPP may be liable for alleged...more

"Privacy Update: Rockefeller Cybersecurity Letter"

On September 19, 2012, John D. (Jay) Rockefeller IV, chairman of the United States Senate Committee on Commerce, Science and Transportation, sent a letter to the CEOs of the Fortune 500 companies, urging the recipients to...more

The Next Big Step For Renewables: Energy Storage

The promise of renewable energy has been partly realized as renewables, including wind and solar, have attracted significant investment over the years and now generate output that comprises a useful contribution to our...more

ICO Guidance on Deleting Personal Data Under the Data Protection Act

New guidance defines when electronically held personal data is "beyond use" once deleted. As part of its mission to assist companies to understand and fulfil their obligations under the UK's Data Protection Act 1998...more

How Joint is Your Venture?

For many businesses with a particular core technology, one path to a wider market and increased revenues can be to “joint venture” with another company which has a complementary technology or other core strength. This can...more

The Dark Cloud of Deep Packet Inspection

Cloud computing is transforming entire industries by making massive quantities of computing power available to even the smallest companies on a pay-as-you-go, use-what-you-need basis. Like all new technologies, however, the...more

Chinese Contracting Best Practices

There are many risks involved in dealing with Chinese companies. We previously discussed The Importance Of China Due Diligence And Corporate Seals. And we asked the probing question: Is The Era Of Cheap Goods From China...more

Getting the Deal Through – e-Commerce 2013

"Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - e-Commerce 2013 (published in July 2012; contributing editor: Robert Bond of Speechly Bircham LLP)....more

Cybersecurity and Data Privacy: Big Data and the Law [Video]

As the use of the internet and social media continues to increase rapidly, companies are being challenged to keep up with changing laws and the many ways in which customer and employee data flow in and out of their hands. In...more

Venture Investment in Digital Health Effectively Doubles in H1 2012

Venture investment in healthcare convergence technologies soared in the first half of 2012. According to a recent report from Burrill & Co, digital health, into which they group healthcare IT, mobile health and wireless...more

Law & Order PEPU: California’s new Privacy Enforcement and Protection Unit

In a move signaling increased enforcement of the state’s data privacy and security regulations, California’s Attorney General Kamala D. Harris has announced the creation of the Privacy Enforcement and Protection Unit. The...more

Digital Risk Management Strategies For Business

Ensuring that key business data survives unexpected events is vital for businesses large and small. That’s why every business should have a plan in place to ensure the availability of its data when manmade or natural...more

Board Oversight and Cybersecurity - What are the Risks to Your Company?

Does your board exercise proper oversight over cybersecurity risks? Directors and officers have fiduciary duties to protect the assets of their companies. This obligation covers digital assets, including corporate...more

Cyber Insurance—Mitigating Loss from Cyber Attacks - Perspectives on Insurance Recovery Newsletter - Summer 2012

The market is rapidly growing for insurance that is specifically meant to cover losses arising out of cyber attacks and other privacy and data security breaches. These insurance policies are marketed under names like...more

Episode 61 – Greenstart Helps Start-Ups Solve Cleantech Problems

In Episode 61 of The Wendel Forum (originally aired on May 5, 2012, on 960 KNEW AM radio), show moderator Dick Lyons, co-founder of Wendel Rosen’s sustainable business practice group, welcomes Rachel Barge, a partner at...more

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